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2025 DAILYLAW 128962 (ALL)

AMIT KUMAR AND 5 OTHERS v. DEPUTY DIRECTOR OF CONSOLIDATION /ADDL. COLLECTOR FINANCE AND REVENUE LAKHIMPUR AND 5 ORS

CMRAD/45/2025 · 2025-03-19

Saurabh Lavania

Special Leave Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:15879 Court No. - 7 Case :- CIVIL MISC REVIEW APPLICATION DEFECTIVE No. - 45 of 2025 Applicant :- Amit Kumar And 5 Others Opposite Party :- Deputy Director Of Consolidation /Addl. Collector Finance And Revenue Lakhimpur And 5 Ors Counsel for Applicant :- Suyesh Pradhan Hon'ble Saurabh Lavania,J. Order on Civil Misc. Application for Condonation of Delay/I.A. No.1 of 2025 Heard learned counsel for the applicants, learned Standing Counsel for the State/respondent No.1 and perused the record. This is an application for condonation of delay in filing the review application for reviewing the order dated 27.09.2023 and recalling the same. Learned counsel for the applicants has referred following paras for condoning the delay of 503 days :- "3. That the above quoted writ petition filed by the review petitioner was dismissed vide order dated 27/09/2023 wherein this Hon'ble Court is of the view that the allotment of chak(s) by the Deputy Director of Consolidation over Gata No.208Ka to the petitioners and side opposite are justified and proper. Hence, no interference in the order impugned is required by this Court in exercise of power vested under Article 226/227 of the Constitution of India. The petition was accordingly dismissed. 4. That after the dismissal of the above quoted writ petition, the review petitioners filed a special leave petition before Hon'ble Apex Court of India i.e. Special Leave Petition (Civil) Diary No.46099/2023 Amit Kumar and Ors Vs. Deputy Director of Consolidation / Additional Collector & Others. As by means of order dated 06/02/2024 passed by the Hon'ble Supreme Court of India without entering into merits of case dismissed the special leave petition filed by the review petitioner. A True Photocopy of order dated 06/02/2024 passed by the Hon'ble Supreme Court of India is being filed and annexed herewith as ANNEXURE No.01 to this affidavit. 5. That it is respectfully submitted here that the instant review petition is maintainable before this Hon'ble Court in light of decision and judgment rendered by Hon'ble Supreme Court of India on 01/03/2019 in case of Khoday Distilleries Ltd. (Now Known As Khoday India Limited) and Others Vs. Sri Mahadeshwara Sahakara Sakkare Karkhane Ltd., Kollegal (Under Liquidation) represented by the liquidator cited as Aironline 2019 SC 2218, 2019 (4) SCC 376, (2019) 4 Scale 113." Having considered the above quoted paras, the sufficient reasons have not been mentioned for condoning the delay of 503 days, which are required as per law. Consequently, the application for condonation of delay is dismissed. Order on Review Application Since the application for condonation of delay has been rejected, consequently, the review application does not survive and the same is also dismissed. Order Date :- 19.3.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench